Week 4

Question 1

ownership Germany

Answer 1

indivisible power over an object

Question 2

ownership France

Answer 2

3 powers: usus + fructus + abusus

Question 3

ownership NL

Answer 3

Usus + fructus + abusus

Question 4

limitations right of owner

Answer 4

• through public law

- through private law

Question 5

limitations by contract

Answer 5

non-transferability clause

Question 6

limitations by contract France

Answer 6

Cremieux v Regnard and others

Question 7

limitations by contract Germany

Answer 7

Treuhand

Question 8

neighbour law examples

Answer 8

• right of a path
• Notweg (Germany)
• Noodweg (Germany)

Question 9

co-ownership Germany

Answer 9

• BGH, 14 feb 1962

Question 10

co-ownership NL

Answer 10

LISV v Grifhorst (2001), art. 3:166 BW

Question 11

co-ownership France

Answer 11

co-entitlement (same as in NL)

Question 12

Real servitude definition

Answer 12

granting access to 3rd party over an owner’s land

Question 13

real servitude elements

Answer 13

• requires 2 pieces of land = dominant and servant

- owner of servant land cannot be forced to do something

Question 14

2 exceptions servitude

Answer 14

• creation of real servitude with positive duty

- secondary positive duty

Question 15

Personal servitude

Answer 15

established on behalf of a third party and not his capacity as an owner

Question 16

usufruct definition

Answer 16

right to use and enjoy an object of an owner in the holder.

Question 17

bare ownership

Answer 17

owner no longer able to exercise his right to use and enjoy an asset

Question 18

principle of good usufructuary

Answer 18

right-holder can use object but is also obliged to take care of it

Question 19

right of usufruct France: rule

Answer 19

art. 578 CC

Question 20

right of usufruct NL: rule

Answer 20

art. 3:201 + 3:216 BW

Question 21

principle of good usufructuary NL: rule

Answer 21

art. 3:215 BW

Question 22

right of usufruct Germany

Answer 22

par. 1030 BGB